The following words, when used in this Article, shall have the
meanings set out herein:
ANTIQUE, CURIO OR RELIC FIREARM
Any firearm so defined by the National Gun Control Act, 18
U.S.C. Title 26, §5845, and the United States Treasury/Bureau
of Alcohol, Tobacco and Firearms, 27 CFR 478.11:
1.
"Antique firearm" is any firearm not designed or redesigned
for using rim fire or conventional center fire ignition with fixed
ammunition and manufactured in or before 1898, said ammunition not
being manufactured any longer; this includes any matchlock, wheel
lock, flintlock, percussion cap or similar type ignition system, or
replica thereof;
2.
Curio or relic firearm is any firearm deriving value as a collectible
weapon due to its unique design, ignition system, operation or at
least fifty (50) years old, associated with a historical event, renown
personage or major war.
BLACKJACK
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person, and
which is readily capable of lethal use.
BLASTING AGENT
Any material or mixture, consisting of fuel and oxidizer
that is intended for blasting, but not otherwise defined as an explosive
under this Section, provided that the finished product, as mixed for
use of shipment, cannot be detonated by means of a numbered 8 test
blasting cap when unconfined.
CONCEALABLE FIREARM
Any firearm with a barrel less than sixteen (16) inches in
length, measured from the face of the bolt or standing breech.
DEFACE
To alter or destroy the manufacturer's or importer's serial
number or any other distinguishing number or identification mark.
DETONATOR
Any device containing a detonating charge that is used for
initiating detonation in an explosive, including but not limited to,
electric blasting caps of instantaneous and delay types, non-electric
blasting caps for use with safety fuse or shock tube and detonating
cord delay connectors.
EXPLOSIVE WEAPON
Any explosive, incendiary, or poison gas bomb or similar
device designed or adapted for the purpose of inflicting death, serious
physical injury or substantial property damage; or any device designed
or adapted for delivering or shooting such a weapon. For the purposes
of this Article, the term "explosive" shall mean any chemical compound
mixture or device, the primary or common purpose of which is to function
by explosion, including but not limited to, dynamite and other high
explosives, pellet powder, initiating explosives, detonators, safety
fuses, squibs, detonating cords, igniter cords, and igniters or blasting
agents.
FIREARM
Any weapon that is designed or adapted to expel a projectile
by the action of an explosive.
FIREARM SILENCER
Any instrument, attachment or appliance that is designed
or adapted to muffle the noise made by the firing of any firearm.
GAS GUN
Any gas ejection device, weapon, cartridge, container or
contrivance, other than a gas bomb, that is designed or adapted for
the purpose of ejecting any poison gas that will cause death or serious
physical injury, but not any device that ejects a repellent or temporary
incapacitating substance.
INTOXICATED
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
KNIFE
Any dagger, dirk, stiletto, or bladed hand instrument that
is readily capable of inflicting serious physical injury or death
by cutting or stabbing a person. For purposes of this Article, "knife"
does not include any ordinary pocketknife with no blade more than
four (4) inches in length.
KNUCKLES
Any instrument that consists of finger rings or guards made
of a hard substance that is designed or adapted for the purpose of
inflicting serious physical injury or death by striking a person with
a fist enclosed in the knuckles.
MACHINE GUN
Any firearm that is capable of firing more than one (1) shot
automatically, without manual reloading, by a single function of the
trigger.
PROJECTILE WEAPON
Any bow, crossbow, pellet gun, slingshot or other weapon
that is not a firearm, which is capable of expelling a projectile
that could inflict serious physical injury or death by striking or
piercing a person.
RIFLE
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed metallic cartridge
to fire a projectile through a rifled bore by a single function of
the trigger.
SHORT BARREL
A barrel length of less than sixteen (16) inches for a rifle
and eighteen (18) inches for a shotgun, both measured from the face
of the bolt or standing breech, or an overall rifle or shotgun length
of less than twenty-six (26) inches.
SHOTGUN
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed shotgun shell to
fire a number of shot or a single projectile through a smooth bore
barrel by a single function of the trigger.
SPRING GUN
Any fused, timed or non-manually controlled trap or device
designed or adapted to set off an explosion for the purpose of inflicting
serious physical injury or death.
SWITCHBLADE KNIFE
Any knife which has a blade that folds or closes into the
handle or sheath; and
1.
That opens automatically by pressure applied to a button or
other device located on the handle; or
2.
That opens or releases from the handle or sheath by the force
of gravity or by the application of centrifugal force.
A person commits the offense of defacing a firearm if he/she
knowingly defaces any firearm.
Residents of the State of Missouri may purchase firearms in
any State, provided that such residents conform to the applicable
provisions of the Federal Gun Control Act of 1968, 18 U.S.C. §921
et seq., and regulations thereunder, and provided further that such
residents conform to the provisions of law applicable to such purchase
in the State of Missouri and in the State in which the purchase is
made.
Residents of any State may purchase firearms in the State of
Missouri, provided that such residents conform to the applicable provisions
of the Federal Gun Control Act of 1968, 18 U.S.C. §921 et seq.,
and regulations thereunder, and provided further that such residents
conform to the provisions of law applicable to such purchase in the
State of Missouri and in the State in which such persons reside.
Any person who has a valid concealed carry endorsement issued
prior to August 28, 2013, or a valid concealed carry permit, and who
is lawfully carrying a firearm in a concealed manner, may briefly
and openly display the firearm to the ordinary sight of another person,
unless the firearm is intentionally displayed in an angry or threatening
manner, not in necessary self-defense.
Any person within the limits of this City who shall discharge
any BB gun which expels a projectile by means of a spring, air or
any other means, paintball gun or air gun or shall shoot any pebble,
bullet, slug, arrow or other hard substance by means of a sling, crossbow,
rubber band or bow or any other means shall be deemed guilty of an
ordinance violation.
The discharge of firearms in connection with any turkey shoots
or other charitable event may be authorized by the Board of Aldermen.
[Ord. No. 928-20, 11-4-2020; Ord. No. 944-21, 10-6-2021; Ord. No. 947-21, 11-17-2021]
A. Definitions.
As used in this Section, the following terms shall have these prescribed
meanings:
BLACKJACK
Any instrument that is designed or adapted for the purpose
of stunning or inflicting physical injury by striking a person, or
animal and which is readily capable of lethal use.
CROSSBOW
Any device designed to discharge a bolt, formed as a bow
set crosswise on a stock, usually drawn by means of a mechanism and
discharged by release of a trigger.
FIREARMS
Any weapon (including a starter gun) which will or is designed
to or may readily be converted to expel a projectile by the action
of an explosive.
INTOXICATED
Substantially impaired mental or physical capacity resulting
from introduction of any substance into the body.
PROJECTILE WEAPON
Any air gun, archery device, bow, crossbow, pellet gun, slingshot
or other weapon that is not a firearm, which is capable of expelling
a projectile that could inflict serious physical injury or death by
striking or piercing a person.
SHOTGUN
Any firearm designed or adapted to be fired from the shoulder
and to use the energy of the explosive in a fixed shotgun shell to
fire a number of shot or a single projectile through a smooth bore
barrel by a single function of the trigger.
B. Hunting
Regulations.
1. All current laws of the State of Missouri as regards the regulation
of hunting shall be obeyed within the corporate limits of Byrnes Mill.
2. All provisions of Chapter 578, RSMo., and Chapter 571, RSMo., shall
apply to hunting within the corporate limits of Byrnes Mill.
3. Hunting Of Smaller Game. Small game, such as rabbits or squirrels
or to take game such as waterfowl or upland game birds, are not permitted
to be hunted.
4. Hunter Safety Course Required. All persons required to have taken
a hunter safety course as prescribed by Missouri State law shall also
be required to have such certificate of completion from the Missouri
Department of Conservation in order to hunt within the corporate limits
of Byrnes Mill.
5. License May Be Inspected. It is the duty of every person holding
a hunting license and permit to submit the same for inspection by
any agent of the Missouri Department of Conservation, Department of
Natural Resources, or any Police Officer or Marshal thereof.
6. Regulations As To location Of Hunting.
a. It shall be unlawful for any person to hunt by firing or discharging
any firearm, air gun, archery device or crossbow from or across any
street, sidewalk, road, highway, park, playground, or recreation area.
b. It shall be unlawful for any person to hunt by firing or discharging
any firearm or air gun, archery device or crossbow from any boat or
other water vessel or across or into the Big River or any lake or
reservoir.
c. It shall be unlawful for any person to knowingly hunt upon the premises
or property of another without first having obtained the written permission
from the owner, lessee, or person in charge of such premises or property.
The duly obtained written permission shall be carried in the personal
possession of the person requesting and receiving such permission.
This Subsection shall not apply to a person carrying, firing, or discharging
any firearm, air gun, archery device or crossbow while in the immediate
presence of the owner, lessee, or person in charge of the property
or premises, or to the entry upon the premises for the sole purpose
of obtaining written permission of the owner, lessee, or person in
charge of the property. This Subsection shall also not apply to a
person with the sole purpose of carrying a concealed firearm and who
is otherwise in compliance with Chapter 571, RSMo., regarding concealed
carry endorsements.
d. It shall be at the discretion of the owner, lessee, or person in
charge of any premises or property to set the specific boundaries
where a person may hunt using a firearm, air gun, archery device or
crossbow. The specific boundaries must be otherwise in compliance
with the provisions of this Section.
e. It shall be unlawful to hunt by firing or discharging any firearm
within two hundred (200) yards of any dwelling, house, apartment,
building, church, school, playground, recreational area; it shall
be unlawful to hunt by firing or discharging an archery device within
twenty-five (25) yards of any dwelling, house, apartment building,
church, school, playground, recreational area.
f. It shall be unlawful to hunt by firing or discharging any firearm
on any parcel of land containing less than twenty-five (25) acres
which must be zoned agriculture, or fire or discharge any archery
device on any parcel of land containing less than five (5) acres.
Archery hunting must be from an elevated position to a height of no
less than eight (8) feet, so as the arrow has a downward trajectory.
Minimum acreage requirements may be multiple contiguous parcels of
land of same owner.
g. It is unlawful to hunt on any common ground owned by the City or
a home owner association.
7. Special Hunts. Any special hunts permitted by the Missouri Department
of Conservation or Department of Natural Resources shall be permitted
under this Section after obtaining approval of the Board of Alderpersons
of the City of Byrnes Mill.
8. Types Of Hunting.
a. Archery; As Defined Above. Hunting with bow and arrow is allowed
on lots not less than five (5) acres. Hunters must be elevated no
less than eight (8) feet off of the ground. Any discharged bow must
not land less than twenty-five (25) yards from any dwelling, home,
outbuilding, barn, school, church, commercial property, residential
property, common ground, or City park(s). Anyone under the age of
eighteen (18) must be certified with the Missouri Department of Conservation
and with a certified adult.
b. Projectile Weapon; As Defined Above. Hunting with a firearm is allowed
on lots of twenty-five (25) acres or more. The property must be zoned
agricultural. Projectiles must not land less than two hundred (200)
yards of the property line or from any dwelling, home, outbuilding,
barn, school, church, commercial property, residential property, common
ground, or City park(s). Any individual hunting must have the proper
certificates and/or licenses from the State.
C. Penalties.
Any person violating any provision of this Section, shall, upon conviction,
be punished by a fine of not less than one dollar ($1.00) nor more
than five hundred dollars ($500.00) or by imprisonment for not more
than ninety (90) days, or both, for each offense.
D. Specific
Acts — Prohibited. Except as otherwise provided by Sections
571.101 to 571.121, RSMo., and Section 252.243, RSMo., it shall be
unlawful for any person to knowingly:
1. Carry concealed upon or about his or her person a knife, a firearm,
a blackjack, or any other weapon readily capable of lethal use into
any area where firearms are restricted under Section 571.107, RSMo.,
or
2. Discharge or shoot a firearm on any parcel of property containing
less than twenty-five (25) acres, and must be zoned agriculture; or
3. Discharge or shoot of an archery device or crossbow on any parcel
of property containing less than five (5) acres; or
4. Discharge or shoot a firearm, air gun, archery device or crossbow
into a dwelling house, a railroad train, boat, aircraft, or motor
vehicle as defined in Section 302.010, RSMo., or any building or structure
used for the assembling of people; or
5. Have a firearm or projectile weapon readily capable of lethal use
on his or her person, while he or she is intoxicated, and handle or
otherwise use such firearm or projectile weapon in either a negligent
or unlawful manner or discharge such firearm or projectile weapon
unless acting in self-defense; or
6. Discharge a firearm or air gun within two hundred (200) yards, archery
device or crossbow within twenty-five (25) yards of any occupied schoolhouse,
courthouse, or church building; or property line; or
7. Discharge or shoot a firearm or air gun within two hundred (200)
yards of any dwelling, house, apartment, building, church, school,
playground, recreational area, or any building not owned by the person
discharging or shooting the firearm or air gun; or
8. Discharge or shoot an archery device or crossbow within twenty-five
(25) yards of any dwelling house, apartment building, church, school,
playground, recreational area, or any building not owned by the person
discharging or shooting the archery device or crossbow, unless the
person has written permission of the owner, lessee, or person in charge
of such premises or property; or
9. Discharge or shoot a firearm or projectile weapon at a mark, at any
object, or at random, on, along or across a public highway or discharge
or shoot a firearm or projectile weapon into any outbuilding; or
10. Carry a firearm, projectile weapon, blackjack, or any other weapon
readily capable of lethal use into any church or place where people
have assembled for worship, or into any election precinct on any election
day, or into any building owned or occupied by any agency of the Federal
government, State government, or political subdivision thereof; or
11. Discharge or shoot a projectile weapon at or from a motor vehicle,
as defined in Section 301.010, RSMo., discharge or shoot a projectile
weapon at any person, or at any other motor vehicle, or at any building
or habitable structure, unless the person was lawfully acting in self-defense;
or
12. Carry a firearm, whether loaded or unloaded, air gun, archery device,
blackjack, crossbow, or any other weapon readily capable of lethal
use into any school, onto any school bus, or onto the premises of
any function or activity sponsored or sanctioned, by school officials
or the District School Board.
E. Further
Limitations.
1. The carrying of firearms in City buildings shall not be permitted.
Concealed firearms are not permitted in any place in which Section
571.107, RSMo., specifically bans them. Pertaining to City property:
a. No person who has been issued a concealed carry endorsement by the
State of Missouri or who has been issued a valid permit or endorsement
to carry concealed firearms issued by another State or political subdivision
of another State, shall, by authority of that endorsement or permit,
be allowed to carry a concealed firearm or to openly carry a firearm
in any building or portion of a building owned, leased or controlled
by the City;
b. Signs shall be posted at each entrance of a building entirely owned,
leased, or controlled by the City stating that carrying of firearms
is prohibited. Where the City owns, leases or controls only a portion
of a building, signs shall be posted at each entrance to that portion
of the building, stating that the carrying of firearms is prohibited.
F. Target
practice, other than with bow and arrow, is not allowed within the
City limits.
G. Pertaining
to conceal and carry permits, the City hereby adopts Chapter 571,
RSMo.
H. If
any provision of this Section is found to be unenforceable, unconstitutional,
or unlawful, the remaining portions of this Section shall remain in
effect. The unenforceable, unconstitutional, or unlawful portion shall
be segregated.